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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi, I am the owner of a printing business which was reformed

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Hi, I am the owner of a printing business which was reformed in March after my previous company went into liquidation (i did a pre-pack). The problem I have is that my old company owed the Landlord 2 months rent, which I have a guarantee on, this comes to £1400. However, the landlord has recently instaled a pay as you go smart meter for the Electricity, which is fine as it helps me monitor things. However, what it has done is highlight the fact that he (the landlord) has been overcharging me for the Electricity to the some of £2247 since we moved in- I have checked the daily usage and nothing has changed, but until the smart meter was fitted we was sharing the same meter as the Landlord who owns a massive coach company and when I asked him to supply me with copy bills from E-On he only supplied me with the latest one which indicates he has been simply splitting the bill in half. My question is, as the outstanding rent is guaranteed by myself then surely the money owed to the "old company" for overpayment on the electricity is also owed to me and therefore should be credited against the outstanding rent?

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Has the old company now been fully dissolved?
Customer: The creditors meeting was early April
Customer: If you need any further info on the liquidated company, it was called Elite Print Solutions limited
Alex Watts : Ok, so the company is liquidated but you have a personal guarantee.
Alex Watts : However the landlord has over charged the company?
Alex Watts : is that right?
Customer: Yes, that is correct
Alex Watts : It's bad news I am afraid. The matter of the over chairging is between the landlord and the company. You can't get involved in that as there is no contract between you and the landlord for that.
Alex Watts : Only the company can seek to recover any of those sums.
Alex Watts : However as guarantor you are liable for the rent and you can't get out of this.
Alex Watts : You can't offset what may be owed to the company against your liability to rent arraers.
Alex Watts : Only the company can do that.
Alex Watts : In short the company would need to be reinstated and claim back the sums owed or offset that against the rent.
Alex Watts : You can't do that as you have to claim against the landlord or contract for that.
Alex Watts : I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Alex Watts : Can I clarify anything for you about this today please?

Hi, the problem with that is 1)- there is no lease with new co and 2)- they are persuing new co for the rent arrears, not me.


also, part of the outstanding electricity is with an invoice sent to new co.


sorry, also just realised that what the landlord has done is allocated payments made under new co to old co debt, meaning the rent arrears are with new co and on top of this the invoices they have released for the electricity are made out to new co. Sorry for the confussion

Alex Watts : They can't pursue the new company. They are not liable.
Alex Watts : The landlord can't allocate debts from the new co to old co.
Alex Watts : If the landlord tries to take possession you can seek relief from the court.
Alex Watts : But the new company needs to take a record of what has been paid in case they need to prove it.
Alex Watts : The landlord can't assign old debts.
Alex Watts : does this clarify the position?
Alex Watts :

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Thank you so much, yes it does!

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